IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

REGULAR FIRST APPEAL NO.1368 OF 2021 (INJ)

BETWEEN:

SRI R RAGHU

SON OF LATE PC.RAJANNA,

AGED ABOUT 31 YEARS,

RESIDING AT VENKATAGIRIKOTE

(VILL AND POST) DEVANAHALLI (TQ)

BENGALURU RURAL (DISTRICT) 562164.

…APPELLANT

(BY SRI. SHREERAM TIMMAPPA NAYAK, ADVOCATE)

AND:

1. SMT MALLIKA C RAO

WIFE OF LATE CHANDRAKANATH RAO,

AGED ABOUT 41 YEARS,

RESIDING AT NO.261

1^ST MAIN DOLLARS COLONY,

RMV 2^ND STAGE,

BENGALURU – 560 094.

Digitally signed by CHANDANA

2. K. SANDESH KUMAR

B M

S/O B.H KRISHNA REDDY

Location: High

AGED ABOUT 29 YEARS

Court of

RESIDING AT NO.520,

Karnataka

‘JANANI’ VIII CROSS, MCEHS

LAYOUT, DR. SHIVARAMAKARANTH NAGAR

BENGALURU – 560 077.

REP. BY HIS P.A.HOLDER

SRI. B.H. KRISHNA REDDY,

S/O. LATE HENJA REDDY, AGED ABOUT 63 YEARS,

…RESPONDENTS

(BY SRI. K S CHANDRAHASA AND

SRI. NAVEEN SHETTY, ADVOCATE FOR R-1;

SRI. SANATH KUMAR SHETTY, ADVOCATE FOR R-2)

THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 04.10.2021 PASSED IN OS.NO.4586/2012 ON THE FILE OF THE X ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE, DISMISSING THE SUIT FOR INJUNCTION.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL JUDGMENT

This appeal by the plaintiff in O.S.No.4586/2012 is directed against the impugned judgment and decree dated 04.10.2021 passed by the X Addl. City Civil and Sessions Judge, Bangalore (CCH-26), whereby the said suit filed by the appellant – plaintiff against the respondent No.1 – defendant for permanent injunction in relation to the suit schedule immovable property was dismissed by the Trial Court.

2. Briefly stated the facts giving rise to the present appeal are as under:-

The appellant was plaintiff in the aforesaid suit filed by him against the respondent No.1 – defendant No.1 and N.T.I (National Technological Institutions) Housing Co-operative Society Ltd., Bengaluru, for permanent injunction in relation to suit schedule immovable property. The respondent No.1 – defendant entered appearance and filed her written statement and contested the suit and sought for its dismissal in pursuance of which, the Trial Court framed the following issues:-

“(1) Whether the plaintiff proves that he is in lawful possession of the suit schedule property as on the date of suit?

(2) Whether the plaintiff proves the alleged interference?

(3) What order or decree ?”

3. The Plaintiff examined his GPA holder as PW-1 and marked documentary evidence at Exs.P1 to P13, while the defendant No.1 examined herself as DW-1 and Exs.D1 to D31 were marked by her. After hearing both sides, the Trial Court proceeded to pass the impugned judgment and decree dismissing the suit of the plaintiff. Aggrieved by the impugned judgment and decree dismissing his suit, the plaintiff is before this Court by way of the present appeal.

4. During the pendency of the appeal, respondent No.2 got himself impleaded claiming he had purchased the property from respondent No.1- defendant.

5. Heard learned counsel for the appellant and learned counsel for the respondents and perused the material on record.

6. A perusal of the material on record will indicate that in the present appeal, the appellant has filed an application I.A.2/2025 under Order 6 Rule 17 CPC seeking amendment of the plaint by incorporating the relief of declaration of title and consequential recovery of possession of the suit schedule property from the respondents – defendants together with corresponding pleadings in this regard. The said application has been opposed by the respondents.

7. The following points arise for consideration in the present appeal:

(i) Whether the application-I.A.2/2025 filed by the appellant deserves to be allowed?

(ii) Whether the impugned judgment and decree passed by the Trial Court warrants interference in the present appeal?

Re-Point No.(i):-

8. A perusal of the material on record will indicate tha